By Conley H.B. No. 2819
74R6575 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring an environmental consultant to report soil or
1-3 water toxicity; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 361, Health and Safety Code, is amended
1-6 by adding Subchapter S to read as follows:
1-7 SUBCHAPTER S. GENERAL REPORTING REQUIREMENTS
1-8 Sec. 361.561. ENVIRONMENTAL CONSULTANT REPORT REQUIRED. (a)
1-9 A person who performs an environmental consultation for another
1-10 person to assess or survey a site for soil contamination or to
1-11 assess or survey a process to determine whether the process may
1-12 cause soil contamination shall report to the commission any finding
1-13 the person performing the consultation makes regarding
1-14 contamination of soil or surface water or groundwater by a toxic
1-15 material or pollutant or by a hazardous metal, material, substance,
1-16 or waste, regardless of the contaminant detected or the source of
1-17 the contamination, that exceeds a standard or criterion adopted by
1-18 the commission for soil or water quality.
1-19 (b) The report must identify the location of the
1-20 contamination and the contaminants found. A person required to
1-21 report under this section is not required to reveal for whom the
1-22 person performed the assessment or survey.
1-23 (c) A person commits an offense if the person fails to
1-24 report soil or water contamination as required by this section.
2-1 (d) An offense under this section is a misdemeanor
2-2 punishable by a fine of not less than $1,000 or more than $100,000.
2-3 SECTION 2. Chapter 26, Water Code, is amended by adding
2-4 Subchapter K to read as follows:
2-5 SUBCHAPTER K. GENERAL REPORTING REQUIREMENTS
2-6 Sec. 26.421. ENVIRONMENTAL CONSULTANT REPORT REQUIRED. (a)
2-7 A person who performs an environmental consultation for another
2-8 person to assess or survey a site for surface water or groundwater
2-9 contamination or to assess or survey a process to determine whether
2-10 the process may cause water contamination shall report to the
2-11 commission any finding the person performing the consultation makes
2-12 regarding contamination of soil or surface water or groundwater by
2-13 a toxic material or pollutant or by a hazardous metal, material,
2-14 substance, or waste, regardless of the contaminant detected or the
2-15 source of the contamination, that exceeds a standard or criterion
2-16 adopted by the commission for soil or water quality.
2-17 (b) The report must identify the location of the
2-18 contamination and the contaminants found. A person required to
2-19 report under this section is not required to reveal for whom the
2-20 person performed the assessment or survey.
2-21 (c) A person commits an offense if the person fails to
2-22 report soil or water contamination as required by this section.
2-23 (d) An offense under this section is a misdemeanor
2-24 punishable by a fine of not less than $1,000 or more than $100,000.
2-25 SECTION 3. Section 361.561, Health and Safety Code, and
2-26 Section 26.421, Water Code, as added by this Act, apply only to a
2-27 person who, as a part of a consultation, assessment, or survey,
3-1 makes a finding regarding soil or water contamination on or after
3-2 the effective date of this Act.
3-3 SECTION 4. This Act takes effect September 1, 1995.
3-4 SECTION 5. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.